A B SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner, an Insurance Medical Officer, Class II. in the office of the Director of Health Services, E.S.I. Scheme, Ahmedabad was earlier posted at Kalol. Under the order dated 15th September, 1983, he was ordered to be transferred from Kalol to Ahmedabad. Admittedly, the petitioner was relieved from Kalol on 2()th September. 1983. While the petitioner was posted at Kalol, he was allotted a Government accommodation. The petitioner vacated the Government premises at Kalol only on 24th June, 1985. On his posting at Ahmedabad, the petitioner applied to the concerned respondent on 20th February, 1984 for the allotment of the residential quarter and under the letter dated 9.9.1984 of the respondents, he has been informed that his name has been kept in the waiting list and he would be getting the quarter when his turn will come. On 1.1.1985, the petitioner, as per his case, again applied for the quarter. Vide allotment order dated 6.4.1985, which as per the petitioner's ease, was received by him on 7.6.1985, the petitioner was allotted residential quarter at D/9, Ahmedabad. The construction of the petitioner's own premises has also been completed in the meanwhile, and as such, vide his letter dated 25.6.1985, he refused the offer of allotment of the quarter and he shifted to his own house in Ahmedabad by vacating the quarter at Kalol. Under the order dated 20.7.1985, the allotment of the quarter of the petitioner at Ahmedabad was cancelled. In the said letter, it has been stated that the petitioner will not be eligible for H.R.A. for two years. So the first challenge in this special civil application is to the aforesaid part of the letter dated 20th July, 1985.

(3.) The respondent No. 3 under its letter dated 16.9.1986 informed the Group Incharge. Class I, E.S.I.S., D/45, and D/32 to recover from the petitioner three times the rent of the quarter which he possessed at Kalol for the period from 20.9.1983 to 24.6.1985. Second challenge has been made by the petitioner in this petition to this letter dated 16.9.1986.